Conservatorships, Pt. 2: Types of Conservators and what they do
If you are not up to date on conservatorships, you might want to start off our primer in Part 1, a general overview of what conservatorships are all about. Here, I will dig a little deeper into the roles of conservators. What are the types of Conservators in California Probate Court? Thank you for asking.…
Read MoreDudek v. Dudek: What’s in a trust?
Dudek v. Dudek is a case that boils down to the creation of a trust. This is the story. One brother, JD, took out a life insurance policy and at the same time created an irrevocable trust with the only assets being the policy and $100. He made David, another Dudek brother, the trustee and…
Read MoreConservatorships Pt. 1: Do we need to consider this for mom?
So, mom seems to be okay. Then, you find out that she is not okay…You step in and realize you may need to consider a conservatorship.
Read MoreTrolan v. Trolan: Sibling Trust Distribution
Trolan v. Trolan sheds light on a not so uncommon situation involving siblings and trust distributions. Lets get into the facts to see if Trolan v. Trolan is a case you need to be aware of. Dad and Mom are parents to 6 lovely children. In 1974, they do the right thing and execute a…
Read MoreWhat Happens if I Die Intestate, without a will?
If you die intestate, it means that you die without a will. If you live in California, you will want to pay attention because your heirs will be dealing with the laws of intestate succession in California. Before I go any further, I have to say that this is not the preferred way of dying,…
Read MoreOrange Catholic Foundation v. Arvizu: What about a trustee acting in good faith?
I am going to tell you the moral of Orange Catholic Foundation v. Arvizu up front: If a trustee acts in good faith, like in Arvizu, the court can excuse them from liability Arvizu is about a trust created in 1997 by Josephine. When she died, her financially unsophisticated niece, Rosie, became the trustee. Despite…
Read MoreDo I Need a Will if I’m_____ (fill in the blank)?
Do I need a will if I’m_______? We will go through and dissect the most common situations you fill in that question. Yet, the only real answer to anything you may fit in there is a resounding, yes. Yes, you do need a will. If you are searching the internet asking, “Do I need a…
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